High Court dismisses injunction claim on HS2 work in Warwickshire

A high court judge has dismissed a dispute between the Environmental Agency (EA) and HS2, over earthworks at two sites in Warwickshire.

The EA had sought an injunction to halt construction activities by HS2 and its contractor, Balfour Beatty VINCI (BBV), citing concerns over the protection of vulnerable water resources.

But Justice Joanna Smith threw out the claim, as the EA did not meet the threshold for an interim injunction. It will now go to arbitration.

She said: “It is extremely unfortunate that these two bodies, both ultimately funded by the taxpayer, have been unable to resolve the issues that arise in this case; issues of which they have been aware for some considerable time”.

Lindsey Sayner, a chartered civil engineer with the EA, had explained that groundwater at Glasshouse Wood and Stonehouse Cuttings in Warwickshire is under significant pressure from various sources, posing risks of deterioration and serious damage if the work was carried out.

The dispute focuses on Schedule 33 of the HS2 Act, as before undertaking any Category 1 specified work, HS2 must submit detailed plans to the EA for approval. If work does not meet approved plans or the EA’s satisfaction, HS2 may have to remedy the errors.

HS2 acknowledged the potential issue with the water, but due to the lengthy approval process, HS2 and BBV had proposed a two-stage approach to the earthworks, dividing them into a “dry dig” and a “wet dig.”

It said that the dry dig can proceed within the current earthworks season, claiming it does not fall under Category 1 work and therefore does not require EA approval at this stage.

After evidence from water specialist Joe Brigly and trial pits in the area in May to test for groundwater, HS2 says the first stage would not require any groundwater drainage.

The EA said both stages should be seen as one, and that its evidence shows all the work will affect the nearby water sources.

Judge Smith found that it was “wrong to say” that the first stage of groundworks would lead to any water being removed from the area, and threw out the case for an injunction.

She said: “In my judgment it is now crucial that the extant issues between the parties are resolved as soon as possible and I would urge both parties to cooperate in seeking an expeditious resolution through the arbitral process”.

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